Old Line Life Insurance Company of America v. David K. Garcia

AMENDED OPINION

CARMAN, Judge.

This matter is before the Court on Plaintiff/Appellee Old Line Insurance Company of America’s (“Old Line”) Motion for Clarification or, Alternatively, for Rehearing and/or Rehearing En Banc. Upon consideration of the relevant briefs and the record before this Court, we hereby amend our prior opinion, Old Line Life Ins. Co. of Am. v. Garcia, 411 F.3d 605 (6th Cir. 2005), and remand to the district court for further proceedings consistent with this opinion.

Background

Familiarity with the factual and procedural history of this case is presumed. On June 2, 2005, this…